DCA Blog

Fraud and Misrepresentation

At some point nearly everyone has been on the wrong end of a bad deal. But how do we know if we were the victim of fraud? How do we protect ourselves? What is Fraud? Fraud is both a crime and a cause of civil action, which means that even when the police aren’t interested, fraud victims can sue on their own. The elements of criminal and civil fraud are fairly similar. To prove civil fraud in Michigan a victim has to prove: That the fraudulent person misrepresented a material fac ...

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Damages for Conversion Vary Under Michigan Law

Pursuing Litigation for Civil Theft “Conversion” is a civil cause of action that is similar to the criminal cause of action for “theft.” Conversion claims are filed in civil court as a means of recovering losses resulting from stolen or damaged property. Michigan law provides two different methods of recovery for conversion, common law and statutory, both of which may be pursued simultaneously. Prior to pursuing a claim, it is important to understand the nuances between ...

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Protect Yourself Before Purchasing a New or Used Car

Unfortunately, buying a car can be a stressful experience. Consumers may feel overmatched when negotiating with experienced dealership salesman. We all know that saying, if it sounds too good to be true, it probably is. Pressured negotiations can create misunderstandings, unmet expectations, and buyer dissatisfaction. In many of these situations, an ounce of prevention is worth a pound of cure. While the following guidelines aren’t intended to serve as a cure all, they may help you avoid ...

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How Charging Orders Might Protect You From Your Co-Owner’s Personal Debts

Asset protection can be a major challenge when personal and business worlds collide. What if, for instance, your business partner is found liable to pay a judgment arising from personal debt? If your business entity is an LLC, it will be protected by legislatively prescribed limits to a creditor’s ability to collect from the member. The Michigan Limited Liability Company Act (MLLCA) states that a charging order is the “exclusive remedy” by which a judgment creditor of an LLC m ...

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Student Loan Collections

Thousands of college graduates—out of school for ten years or more—have recently been sued by a student loan company previously unknown to them. Most of these graduates are completely surprised when they are served with a collection lawsuit, when they truly thought all their loans had been paid off. Some Loans Fall Through the Cracks Why does this happen? These graduates erroneously believed that whatever money they borrowed for school was all rolled up into their consolidated repa ...

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